Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 26551 of 2018 Petitioner :- Koshendra Singh Respondent :- State Of U.P. And 02 Others Counsel for Petitioner :- Kamlesh Kumar Singh Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri K.K. Singh, learned counsel for the petitioner, Sri N.K. Verma, learned A.G.A. for the State and perused the impugned F.I.R. as well as material brought on record.
This petition has been filed by the petitioner with a prayer to quash the F.I.R. dated 31.08.2018 registered as case crime no.0170 of 2018 under sections 3/7 Essential Commodities Act and section 420 I.P.C., police station Ahmadgarh, District Bulandshahar.
Learned counsel for the petitioner submits that an enquiry was conducted in which the petitioner was exonerated and he was given a warning by the Supply Inspector by an order dated 27.6.2018 copy of the same is on pages 27 to 49 with respect to allegation made in the FIR but subsequently an FIR has been lodged by another Supply Inspector who has taken the charge.
Learned A.G.A. opposed the prayer for quashing.
Considering the submissions advanced by learned counsel for the parties and nature of the allegations, it is directed that the petitioner shall not be arrested in above mentioned case, till the submission of the police report under section 173(2) Cr.P.C. but he shall co-operate with the investigation of the case.
With the above direction this petition is finally disposed of.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 24.9.2018 AU